Criticism of the US State Department: Telethon as a restriction of freedom of speech in Ukraine

The US State Department criticized the Ukrainian authorities for violating the principles of freedom of speech during the telethon. During this event, which is broadcast by TV channels selected by the authorities, Ukrainian mass media since the beginning of the war have jointly covered events in the country, while other channels have been disconnected from the air.

This situation with the telethon became the object of attention in the report of the US State Department on the situation with human rights in Ukraine for 2023. The document emphasizes that Ukrainian laws "guarantee freedom of speech and mass media," but "the authorities do not always respect these rights."

In particular, after the introduction of martial law in Ukraine, the authorities introduced additional restrictions on the work of mass media, the State Department claims.

For example, the report notes that the national telethon became a platform on which television channels alternately presented the war from the government's point of view and ensured an unprecedented level of control over prime-time television news.

The authors of the document indicate that in the spring of 2022, some mass media lost contracts for television broadcasting and felt pressure from the Office of the President of Ukraine. In addition, investigative journalists who criticized the government were sometimes subjected to negative social media campaigns, and sometimes such campaigns were organized by pro-government channels.

The report also notes that media freedom was affected by other practices, including self-censorship. The authors note cases when the authorities persecuted journalists, and also mention reports of threats by government officials to media workers.

The report also notes that government officials have sometimes denied journalists accreditation or access to frontline areas, citing national security concerns.

However, except in a few cases, residents of areas under the control of the Ukrainian government have been able to publicly and privately criticize the government and discuss public issues without fear of persecution by the authorities.

Shortly after Russia's full-scale invasion of Ukraine in February 2022, the One News telethon began. In this marathon, the state channel "Rada", Public Broadcasting and large commercial channels - ICTV/STB, 1+1, Inter and "Ukraine 24" joined together (later they were replaced by the newcomer channel "We-Ukraine"). The channels divided the air time among themselves, dividing it into six-hour slots.

According to the conclusions of the head of the Independent Media Council and media expert Otar Dovzhenko, at the beginning of the Russian invasion, the marathon met the vital needs of society and TV channels. It provided access to official information and prompt rebuttal of Russian disinformation, and allowed TV channels to share the load while supporting each other.

However, over time, the situation in the country stabilized, the amount of misinformation decreased, and the marathon began to satisfy, first of all, the government's need to control the most mass media - television. In April 2024, Otar Dovzhenko published the concept of ending the telethon and returning the media market to normal.

At the same time, not everyone was satisfied with the telethon. Three channels associated with the opponent of the current government, ex-president Petro Poroshenko, were not allowed to join the marathon. These channels were excluded from digital broadcasting, which is available to most Ukrainians, and remained only on cable and YouTube.

Experts warned that the long-term existence of a single telethon could distract viewers from television and damage Ukraine's democratic image in the world. The concern of the European Union regarding the media policy in Ukraine was also noted, which was confirmed by the German ambassador to Ukraine, Anka Feldhusen, back in September 2022.

The State Department's report focuses not only on freedom of speech in Ukraine, but also on a wide range of other human rights in the country.

It said that while the Constitution and the Civil Code guarantee citizens the right to freedom of internal movement and travel abroad, the government imposed restrictions during martial law, banning men between the ages of 18 and 60 from leaving the country.

The report indicates that, despite the legal prohibition of torture and other cruel punishments, there were cases when Ukrainian law enforcement agencies engaged in such abuses, including the abuse and torture of detainees.

According to the report, conditions in Ukrainian prisons and pretrial detention centers remained unsatisfactory and posed a threat to the lives and health of prisoners.

The report also mentions the inefficiency and vulnerability of the judicial system to political pressure and corruption. The low level of trust in the courts remained, with the exception of the High Anti-Corruption Court.

Regarding freedom of participation in the political process, the report notes the fairness and absence of serious violations in the last parliamentary elections in 2019, but Ukrainian law prohibits holding elections during martial law.

The section of the report is also devoted to corruption in the government, where it is pointed out the existence of criminal liability for corruption, but it is also noted about the ineffectiveness of fighting this phenomenon and the impunity of many officials.

The report also mentions the observance of the rights of women, children and representatives of ethnic and social minorities, as well as the rights of workers.

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